Property Of
Salish Kootenai Community College
nh\Q, Montana
FERC action on Kerr Dam lease agreement expected mid-July
The Federal Energy Regulatory Commission (FERC) might take action on the joint license for Kerr Dam at its meeting scheduled for July 17, according to a letter received by Chairman Joe Felsman June 10 from the Tribes' Washington, D.C., attorney, Foster De Reitzes.
If FERC approves the agreement be-
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tween the Tribes and the Montana Power Company about the operation of Kerr Dam over the next 50 years on the 17th, De Reitzes wrote, the settlement "would by its terms become effective 50 days later, which is September 5. That also is the date on which you would receive the first installment of the new annual charge."
If FERC does not act on the settlement by August 9, it becomes null and void
A letter from Donald Hodel, Secretary of the Interior Department, to FERC chairman Raymond J. O'Connor, asks that the commission act on the joint lease "well before August 9, 1985" for three reasons
The first is the null-and-void clause if the agreement isn't approved within six months of its March 29 filing date.
Second, the Tribes stands to lose thousands of dollars each day approval is delayed."... as soon as the settlement becomes effective," the Hodel letter notes," the annual charge payable to the Tribes will increase by $17,534 per day. That added revenue will be tost to the
Tribes permanently for each day final approval of the settlement is delayed"
A third consideration is the instream flow requirements outlined in the lease for the maintenance of fish and wildlife habitat along the Flathead River below the dam Until the lease is signed, the flow of the river can go below the 3,200 believed minimally necessary by the Tribes to maintain its fisheries.
July 17 is the date of FERCs only scheduled meeting for July, De Reitzes said, and the last meeting before the settlements August expiration date The attorney noted that the commission has plans to meet June 26, but the chances of the settlement being approved then "are minimal".
The Tribal Council has yet to formally decide how the money from the lease, if it's approved, should be used. There has been some discussion about planning for the buy-out of the dam in 25-30 years.
A survey of 150 people by SKC instructor David Moore showed that (Concludes on the next page)
ARLEE POW WOW
July 3-7, 1985
(Details on page 28)